Elephants are not objects. Instead they are 'highly intelligent beings' deserving of care and compassion, the New York Court of Appeals found.
with the following words: “[w]hile it may be arguable that a chimpanzee is not a ‘person,’ there is no doubt that it is notRejecting the person-thing binary is an important analytical next step. In animal law there is a sort of dogma holding that a being is either athat necessarily cannot be a rights-holder. But with this decision, it may be time to embrace the reality that nonhuman animals arepersons nor property. Indeed, the dichotomy itself is a false one.
In this way, the opinion is a microcosm of the American public’s inconsistency when it comes to animals – some we love like family, and others we use for food, fur and entertainment. And these contradictions are made almost invisible by the law.of the arc of legal protection are not, as Happy’s case shows, based on sapience or sentience or other rational boundaries.
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